HE 


GIFT  OF 


TRANSLATION 


OF 


THE  LAW  OF  POETS 


IN  FORCE  IN 


THE  ISLAXD  OF  CUBA. 


DIVISION  OF  CUSTOMS  AND  INSULAR  AFFAIRS, 

WAR   DEPARTMENT. 

May,  1900. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1900. 


TRANSLATION 


OF 


THE  LAW  OF  PORTS 


IN  FORCE  IN 


THE  ISLAND  OF  CUBA 


DIVISION  OF  CUSTOMS  AND  INSULAR  AFFAIRS, 

WAR   DEPARTMENT. 

May,  1900. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1900. 


EOTAL  DECEEE. 


In  view  of  the  reasons  submitted  to  me  by  the  colonial  secretary, 
making  use  of  the  authority  granted  the  Government  by  article  89  of 
the  Constitution  of  the  Monarchy,  and  in  pursuance  with  the  report 
of  the  council  of  state  in  full: 

In  the  name  of  My  August  Son  the  King,  Don  Alfonso  XIII,  and  as 
Queen  Regent  of  the  Kingdom. 

I  decree  the  following: 

ARTICLE  1.  The  law  of  ports  promulgated  for  the  Peninsula  on 
May  T.  1880.  shall  be  in  force  in  the  island  of  Cuba  without  any  other 
amendments  than  those  contained  in  the  annexed  text. 

ART.  -2.  The  colonial  secretary  shall  issue  the  instructions  for  the 
execution  of  the  law.  and  shall  inform  the  Cortes  of  this  decree. 

Issued  at  the  Palace  on  October  31,  1890. 

MARIA  CHRISTINA. 

ANTONIO  MARIA  FABIE. 

Colonial  Seci^etary. 

3 


380475 


6  LAW    OF    POKTS    FOR    THE    ISLAND    OF    CUBA. 

ART.  4.  Anchorages  3  ship-yanls,  docks,  arsenals,  and  other  estab- 
lishments intended  by  the  Government  for  the  exclusive  use  of  the 
navy,  are  the  property  of  the  State.  First  and  second  class  harbors 
of  general  interest  are  national  property  and  for  public  use. 

ART.  5.  Everything  cast  upon  the  shore  by  the  sea  and  which  has 
no  known  owner  belongs  to  the  State.  'The  treasury  department, 
after  the  proper  inventory  and  appraisal,  shall  seize  it,  and  shall  be 
liable  for  the  claims  of  a  third  person  and  for  the  payment  of  charges 
and  rewards  for  the  finding  and  salvage  thereof,  in  accordance  with 
the  prescriptions  of  laws  and  regulations. 

ART.  6.  The  Government,  without  prejudice  to  the  obligations  and 
rights  of  the  owners  and  consignees,  shall  provide  for  the  salvage  of 
wrecked  vessels,  their  cargoes  and  effects,  and  also  for  their  recovery 
from  the  wreck  in  case  of  a  total  loss,  in  accordance  with  the  provisions 
of  maritime  ordinances  and  regulations. 

Consular  agents  shall  exercise  the  proper  intervention  according  to 
international  agreements  with  regard  to  the  nations  they  represent. 

ART.  7.  Private  lands  adjoining  the  sea  or  lying  within  the  littoral 
zone  are  subject  to  the  easements  of  salvage  and  coast  surveillance. 

ART.  8.  The  salvage  easement  has  the  same  extension  on  private 
lands  adjoining  the  sea  as  on  the  littoral  zone  within  which  they  are 
situated  and  20  meters  in  addition  thereto  toward  the  interior  of  the 
lands;  and  public  use  shall  be  made  thereof  for  the  purpose  of  saving 
and  depositing  the  flotsam,  effects,  and  cargoes  of  wrecked  vessels. 

Fishing  vessels  may  also  beach  within  this  zone  of  easement  when 
compelled  to  do  so  on  account  of  the  condition  of  the  sea,  and  in  the 
same  manner  deposit  their  effects  on  land  while  the  storm  rages. 

This  zone  of  easement  shall  advance  or  recede  with  the  advance  or 
recession  of  the  sea,  as  established  in  general  for  the  littoral  zone. 

For  damages  caused  to  property  on  the  occasion  of  a  salvage  an 
indemnity  shall  be  proper,  but  only  to  the  extent  of  the  value  of  the 
objects  saved,  after  the  expenses  of  assistance  given  and  rewards  to 
finders  have  been  paid  according  to  law. . 

ART.  9.  The  salvage  easement  is  not  an  obstacle  to  owners  of  lancls 
adjoining  the  sea  from  sowing  and  planting  on  their  premises  within 
the  littoral  zone  and  constructing  agricultural  buildings  and  country 
resorts  thereon. 

In  order  to  build  in  such  places,  notice  must  first  be  given  to  the 
governor  of  the  province,  who,  after  hearing  the  naval  commander 
and  the  chief  engineer  of  public  works,  may  withhold  his  consent 
should  it  cause  any  obstruction  to  the  exercise  of  the  easement  referred 
to  in  the  foregoing  article. 

ART  10.  The  coast  surveillance  easement  consists  of  the  obligation 
to  leave  free  a  general  passage  6  meters  wide  adjoining  the  highest 
water  line  or  that  reached  by  the  surf  during  the  heaviest  storms 


LAW    OF    PORTS    FOR    THE    ISLAND    OF    CUBA.  ? 

where  tides  are  not  perceptible,  to  be  established  when  necessary  by 
the  governor-general  of  the  island  after  hearing  the  naval  authorities. 
In  places  where  it  is  difficult  or  dangerous  to  pass,  the  passage  may  be 
carried  more  than  6  meters  inland,  but  without  exceeding  what,  in  the 
opinion  of  said  authority,  is  strictly  necessary. 

The  surveillance  easement,  in  extraordinary  cases  and  when  neces- 
sary for  the  service  of  the  State,  is  imposed  alike  on  lands  that  are 
fenced  in.  as  on  those  that  are  open.  Property  which  has  not  been 
subject  to  the  surveillance  easement  until  the  promulgation  of  the 
water  law  of  August  3,  1886,  and  subsequently  thereto  has  suffered 
visible  and  material  damages  through  the  imposition  of  said  easement, 
shall  be  paid  the  proper  indemnity  for  said  damage. 

CHAPTER  II. 

USE    AND    UTILIZATION    OF    THE    COAST   WATERS   AND    BEACHES. 

ART.  11.  Only  the  owners  of  ponds,  lakes,  or  basins  of  sea  water  in 
private  property,  having  no  navigable  communication  ^with  the  sea, 
have  a  right  to  fish  therein  without  any  restrictions  but  those  relating 
to  public  health. 

ART.  12.  The  free  use  of  the  coast  waters,  coves,  roadsteads,  bays, 
and  havens  is  understood  for  the  purposes  of  navigation,  fishing,  ship- 
ping and  landing,  anchoring,  and  other  similar  acts,  within  the  legal 
prescriptions  and  police  regulations  relating  thereto.  The  same  is  the 
case  with  regard  to  the  public  use  of  beaches,  which  under  similar 
restrictions  is  granted  to  everybody  for  traveling,  bathing,  spreading 
and  drying  clothes,  casting  nets,  beaching,  careening  and  building 
ships,  bathing  cattle,  picking  shells,  plants,  and  shellfish. 

CHAPTER  III. 

CLASSIFICATION   OF   PORTS. 

ART.  13.  For  the  purposes  of  this  law  ports  are  those  places  on  the 
coast  more  or  less  protected,  either  by  reason  of  the  natural  lay  of 
the  land  or  by  expressly  constructed  works,  and  wherein  maritime 
traffic  is  carried  on  in  a  permanent  and  legal  manner. 

ART.  1-1.  Estuaries  and  mouths  of  rivers  are  likewise  considered  as 
ports  up  to  where  the  tides  are  perceptible,  and  where  there  are  none, 
up  to  where  the  surf  reaches  during  ordinary  storms,  altering  their 
usual  flowv  Above  these  points  the  banks  or  margins  of  rivers  pre- 
serve their  special  fluvial  character. 

ART.  15.  Ports  are  classified  as  first  and  second  class  ports  of  gen- 
eral interest,  and  ports  of  local  or  provincial  and  municipal  interest. 

Ports  of  general  interest  are  considered  those  specially  destined  to 
anchoring  grounds,  mercantile  depots,  loading  and  unloading  of  vessels 


8  LAW    OF    POETS    FOE    THE    ISLAND    OF    CUBA. 

employed  in  maritime  trade,  when  such  trade  may  be  of  interest  to 
several  provinces,  and  when  said  ports  are  in  direct  communication 
with  the  principal  centers  of  production  of  the  island  of  the  Peninsula, 
and  of  foreign  countries.  Ports  of  refuge,  so  called  owing  to  their 
position  and  special  advantages  of  capacity,  security,  and  shelter  dur- 
ing storms,  are  also  of  general  interest. 

Ports  of  local  interest,  or  provincial  and  municipal  ports,  are  those 
principally  destined  for  anchoring  grounds,  loading  and  unloading  of 
vessels  employed  in  local  industry  and  commerce,  without  prejudice 
to  being  classified  among  those  of  general  interest  when  their  trade 
may  extend  to  other  localities,  territories,  or  provinces. 

The  foregoing  classification  can  not  be  altered  except  by  virtue  of 
a  law. 

AKT.  16.  Ports  of  the  island  which  are  qualified  for  foreign  trade 
or  commerce  on  the  high  seas  are  declared  first-class  ports  of  general 
interest. 

Ports  not  so  qualified,  at  which  coasting  vessels  engaged  between 
two  or  more  provinces  make  a  stop,  are  declared  second-class  ports  of 
general  interest. 

ART.  17.  All  ports  not  included  in  the  preceding  article,  and  in 
which  commercial  trade  is  carried  on,  are  declared  ports  of  local  in- 
terest. 

CHAPTER  IV. 

EXECUTION    AND    MAINTENANCE    OF    WORKS    IX    PORTS,    THEIR    MANAGE- 
MENT  AND    POLICE. 

ART.  18.  It  shall  be  the  duty  of  the  colonial  secretary  to  order  the 
survey  and  preparation  of  plans  for  all  kinds  of  works  in  ports  of 
general  interest;  to  approve  the  same  and  order  their  execution  after 
hearing  the  department  of  the  navy;  to  grant  concessions,  make  serv- 
ice regulations,  designate  the  necessary  personnel,  and  prescribe  the 
duties  of  officials  depending  on  the  department  of  the  colonies  who  are 
to  direct  and  supervise  the  works. 

ART.  19.  In  harbor  works  in  ports  of  provincial  interest  the  same 
duties  devolve  upon  the  provincial  deputation  as  are  assigned  to  the 
department  of  the  colonies  in  the  preceding  article,  except  where  the 
works  should  affect  lands  of  public  ownership,  in  which  case  the  pro- 
visions of  Chapter  VIII  of  the  general  law  of  public  works  must  be 
observed.  Similar  duties  appertain  to  municipal  councils  with  regard 
to  municipal  harbors. 

The  plans  for  works  in  ports  corresponding  to  the  provincial  depu- 
tation or  municipal  councils  shall,  after  the  proper  naval  authorities 
have  passed  thereon,  be  submitted  for  the  approval  of  the  colonial 
department,  which  is  also  intrusted  with  the  technical  direction  of  the 
works  and  the  appointment  of  the  personnel  required  thereon. 


LAW    OF    PORTS    FOR    THE    ISLAND    OF    CUBA.  9 

ART.  20.  The  same  duties  appertain  to  the  navy  department,  with 
regard  to  the  surveys,  plans,  and  execution  of  works  in  ports  having 
military  arsenals,  in  so  far  as  they  relate  to  the  latter  ports. 

ART.  21.  The  establishment,  repair,  maintenance,  and  cleaning  of 
ports,  and  management,  service,  and  police  thereof,  in  all  civil  matters 
appertain,  in  ports  of  general  interest,  to  the  colonial  department,  and 
in  ports  of  local  interest,  to  the  deputations  or  municipal  councils, 
according  as  to  whether  they  are  of  a  provincial  or  municipal  character. 

ART.  '2*2.  The  port  service  is  divided  into  two  classes,  one  relating 
to  the  general  shipping  traffic,  arrivals,  departures,  anchorages,  berths, 
moorings  and  unmoorings  at  wharves;  towing  and  maritime  assistance 
appertain  to  the  naval  authority:  and  the  other,  including  the  execu- 
tion and  maintenance  of  the  works  and  buildings,  operations  of  load- 
ing and  unloading  on  wharves,  traffic  on  the  same  and  within  its  zone 
of  service,  and  all  that  relates  to  the  use  of  the  various  works,  intended 
for  the  trade  of  the  port,  which  appertain  to  the  colonial  department. 

ART.  23.  The  governor-general  of  the  island,  as  the  superior  chief 
of  all  the  branches  of  the  civil  administration  and  as  delegate  of  the 
colonial  department,  is  the  chief  of  all  such  services  at  the  ports  as  are 
in  charge  of  said  colonial  department. 

ART.  24.  Subject  to  the  general  service  regulations  and  to  the  orders 
and  instructions  of  the  colonial  department,  and  under  the  authority 
of  the  governor-general  of  the  island,  the  engineers  of  roads,  canals, 
and  ports  shall  have  charge  of  the  survey  and  direction  of  all  the 
works  and  supervision  of  the  services  comprised  in  the  second  class 
mentioned  in  article  22.  excepting  such  works  and  services  as  pertain 
to  the  military  arsenals. 

ART.  25.  Port  of  general  interest  shall  be  maintained  by  the  State, 
according  to  the  sums  appropriated  therefor  in  the  general  budgets 
and  those  included  in  their  respective  budgets  by  the  deputations  and 
municipal  councils  when  these  corporations  wish  to  contribute  toward 
the  expenses  of  said  ports.  The  works  shall  be  executed  either  by 
officials  of  the  administration  or  by  contract,  as  may  be  determined  in 
each  case. 

ART.  26.  The  Government  may  provide  for  the  cost  of  harbor 
works  by  means  of  special  taxes  levied  in  the  locality,  to  be  exclu- 
sively applied  to  said  works,  independently  of  the  general  State 
budget,  and  organize  boards  of  harbor  works  intrusted  with  the  admin- 
istration and  disbursement  of  funds  and  the  execution  of  the  works, 
under  the  supervision  and  surveillance  of  the  colonial  department. 

ART.  27.  The  colonial  department  shall  issue  general  regulations  for 
the  organization  and  management  of  existing  boards  of  harbor  works 
and  for  such  as  may  hereafter  be  established.  The  appointment  and 
removal  of  the  chief  engineer  of  said  works  shall  be  subject  to  the 
will  of  the  Government,  which  may  also  appoint  special  delegates  on 
the  said  boards  whenever  it  mav  consider  it  advisable. 


10  LAW    OF    PORTS    FOR    THE    ISLAND    OF    CUBA. 

ART.  28.  Works  in  ports  of  general  interest,  including  such  as  have 
been  planned  or  begun  for  the  account  of  the  State,  may  also  be  executed 
by  means  of  concessions  to  private  companies,  in  accordance  with  the 
general  law  of  public  works. 

ART.  29.  Ports  of  local  interest  shall  be  maintained  with  funds  of 
the  deputations  or  municipal  councils,  according  as  to  whether  the 
works  are  provincial  or  municipal.  Toward  the  execution  of  works 
in  ports  pertaining  to  deputations,  the  State  and  municipal  councils 
may  contribute,  either  by  furnishing  skilled  officials  or. by  making 
appropriations  for  the  purpose  in  their  respective  budgets.  In  like 
manner  the  State  and  provincial  deputations  may  contribute  toward 
harbor  works  which  may  be  instituted  by  municipalities. 

The  surveys  and  plans  and  their  approval  as  well  as  the  concessions 
of  provincial  and  municipal  harbor  works  shall  be  made  in  accord- 
ance with  the  provisions  of  articles  39  and  48  of  the  general  law  of 
public  works. 

ART.  30.  The  proper  instructions  for  the  formation  and  approval  of 
plans  of  new  works  in  harbors,  stating  the  formalities  and  reports 
which  must  precede  said  approval,  shall  be  included  in  the  regulations 
for  the  execution  of  said  law. 

ART.  31.  At  every  port  there  shall  be  a  littoral  zone  of  service,  to 
be  fixed  by  the  colonial  department,  in  each  case,  for  the  operation  of 
loading  and  unloading,  warehousing  and  transportation  of  goods,  and 
the  transit  of  persons  and  vehicles.  The  approval  and  project  of 
said  zone,  and  the  apportionment  thereof  for  the  different  services, 
carry  with  them  the  declaration  of  public  utility,  and  such  private 
lands  or  buildings  as  lie  within  it  are  subject  to  the  exercise  of  the 
right  of  eminent  domain. 

ART.  32.  The  governor  of  the  province,  after  hearing  the  captain  of 
the  port,  the  chief  engineer,  the  provincial  board  of  health,  and  the 
collector  of  customs,  shall  mark  out  and  assign  the  zones  of  the  port  to 
the  different  services  on  the  wharves,  and  shall  decide  all  questions 
that  may  arise  with  regard  to  their  use  and  police,  when  the  port  in 
question  is  of  local  interest;  if  it  be  of  general  interest,  the  governor- 
general  of  the  island  shall  have  these  duties.  From  the  decisions 
an  appeal  lies  to  the  governor-general  or  to  the  secretary  of  the  col- 
onies, as  the  case  may  be. 

ART.  33.  Whenever  a  vessel  is  wrecked  within  a  port  her  owners,  or 
the  consignees  of  the  insurance  companies  shall  proceed  to  raise  her 
within  the  term  fixed  by  the  naval  commander  of  the  province.  Should 
they  not  do  so,  the  secretary  of  the  navy  shall  order  it  done,  deduct- 
ing the  cost  from  the  proceeds  of  the  vessel  and  goods  which  it  may 
contain. 

ART.  34.  If,  either  willfully  or  through  carelessness,  any  damage 
should  be  caused  by  vessels  or  their  mooring  cables  to  the  works  of 
any  port,  or  the  latter  should  thereby  be  fouled,  the  captain  of  the 


LAW    OF    PORTS    FOR    THE    ISLAND    OF    CUBA.  11 

port  shall  cause  the  parties  responsible  therefor  to  pay,  in  addition  to 
the  tines  in  stamped  paper  established  by  the  regulations,  the  sum  at 
which  the  engineer  may  estimate  the  necessary  repairs,  the  latter 
amount  to.  be  paid  into  the  Treasury.  • 

ART.  35.  Besides  the  general  regulations  for  the  execution  of  this 
law.  special-service  and  police  by-laws  shall  be  framed  for  each  port, 
containing  the  provisions  relating  to  its  use.  and  which  must  be 
approved  by  the  colonial  department,  procuring  the  greatest  uni- 
formity in  these  regulations,  in  so  far  as  possible,  through  the  different 
conditions  of  each  port  for  the  benefit  of  commerce  and  maritime 
industry. 

CHAPTER  V. 

SERVICES    CONNECTED    WITH    PORTS. 

ART.  36.  The  pilot  service  in  ports  of  the  Spanish  domain  shall  con- 
tinue to  be  in  charge  of  the  navy  department. 

ART.  37.  Lights  and  beacons,  being  services  connected  with  that  of 
the  ports,  shall  continue  to  be  in  charge  of  the  colonial  department. 
The  maritime  watch  stations  and  semaphores  and  lifeboats  shall  be  in 
charge  of  the  same,  but  shall  depend  immediately  on  the  superior 
naval  authority  of  the  island. 

CHAPTER  VI. 

WORKS    EXECUTED    BY    PRIVATE    PERSONS. 

ART.  38.  At  no  points  on  the  coasts,  beaches,  ports,  and  mouths  of 
rivers,  or  on  the  islands  formed  within  the  littoral  zone,  can  new 
works  of  any  kind  be  executed,  or  buildings  constructed  without  the 
proper  authorization,  in  accordance  with  the  provisions  of  this  law. 

ART.  39.  Permission  to  build  temporary  barracks  or  constructions 
designed  for  baths  shall  be  granted  by  the  governors,  in  maritime 
capitals,  and  in  other  towns,  by  the  mayors,  after  consulting  the  naval 
authority,  if  said  constructions  are  to  be  built  outside  the  port;  but 
if  within  the  same  the  chief  engineer  shall  also  be  heard,  in  addi- 
tion to  the  naval  authority. 

ART.  40.  Permission  to  establish  other  services  or  improvements  of 
a  temporary  character  within  the  littoral  zone,  which  is  national  prop- 
erty and  for  public  use.  shall  be  granted  by  the  naval  commanders  of 
the  provinces,  provided  they  do  not  interfere  with  the  common  uses  to 
which  said  zone  is  devoted,  and  after  hearing  the  governors  and  chief 
engineers  of  public  works,  where  such  concessions  might  affect  other 
services  under  the  control  of  the  colonial  office  or  some  other  branch 
of  the  administration. 

ART.  41.  Such  permissions  shall  be  revoked  whenever  necessary  for 
a  proper  surveillance  and  service  of  the  coasts,  the  town  and  rural 


12  LAW    OF   PORTS    FOR   THE    ISLAND    OF    CUBA. 

police,  or  the  concession  of  the  land  for  other  purposes  of  greater 
utility  and  importance,  after  instituting  an  inquiry  and  hearing  the 
person  interested  before  the  authority  who  may  have  granted  the 
permissiofl. 

In  such  cases  the  owners  of  the  temporary  constructions  shall  dis- 
pose only  of  the  materials  employed  without  any  right  to  indemnity. 

ART.  42.  When  the  constructions  and  improvements  referred  to  in 
the  foregoing  articles  are  of  a  permanent  character,  the  authorization 
shall  be  granted  by  the  secretary  of  the  colonies,  after  hearing  the 
secretary  of  the  navy. 

ART.  43.  Works  for  coast  defense  to  protect  private  estates  or 
buildings  against  the  beating  of  the  waves,  even  though  of  a  perma- 
nent character,  shall  be  authorized  by  the  governor  of  the  province, 
after  hearing  the  opinion  of  the  naval  authorities  and  of  the  chief 
engineer  of  public  works. 

ART.  44.  It  is  the  duty  of  the  colonial  secretary  to  grant  authoriza- 
tion, after  hearing  the  naval  authorities,  for  the  construction  on  the 
sea  or  beaches  and  adjoining  lands,  or  in  ports,  whether  for  private  or 
public  use,  of  such  wharves,  quays,  dockyards,  floating  docks,  ship- 
yards, and  other  similar  works  as  are  complementary  and  auxiliary  to 
those  existing  for  the  service  of  the  port.  Such  authorization  shall 
not  constitute  a  monopoly,  and  therefore  others  may  be  granted  for 
the  same  class  of  works  in  the  same  harbor,  beach,  or  stretch  of  coast, 
provided  the  public  service  or  use  does  not  suffer  thereby. 

ART.  45.  it  is  the  duty  of  the  colonial  secretaiy,  after  hearing  the 
naval  authorities,  to  grant  authorization  for  the  establishment  of  salt 
ponds,  works,  and  other  buildings  which  may  wholly  or  in  part  occupy 
public  lands  for  private  use. 

ART.  46.  It  is  the  duty  of  the  secretaiy  of  the  navy  to  grant  conces- 
sions for  all  sorts  of  fisheries,  fish  garths,  crawls,  shellfish  nurseries, 
in  accordance  with  the  ordinances  and  regulations  in  force  thereon  or 
that  ma}r  hereafter  be  established. 

ART.  47.  The  colonial  department  may  authorize  private  individuals 
or  companies,  under  the  terms  prescribed  in  the  general  law  of  public 
works,  to  construct  ports  at  places  on  the  coast  where  there  are  no 
works  or  plans  of  other  ports  that  are  classified,  or  where  no  special 
rights  exist  for  the  use  and  utilization  of  said  place,  after  hearing  the 
navy  department. 

ART.  48.  When'  the  works  of  a  port  the  concession  of  which  is 
applied  for,  whether  in  conformity  with  the  plan  of  the  applicant,  or 
subject  to  the  one  surveyed  and  approved  by  the  colonial  department, 
refers  to  one  in  which,  although  no  work  has  yet  been  executed,  there 
exists  a  legally  authorized  maritime  commerce,  and  services  are  per- 
formed with  more  or  less  perfection,  the  concession  must  be  granted 
under  such  conditions  as  may  be  necessary  to  reserve  in  full  force  the 


LAW  OF  PORTS  FOR  THE  ISLAND  OF  CUBA.         13 

existing  rights  of  entering  the  port,  anchoring,  loading,  and  unload- 
ing, afloat  or  on  the  coast,  so  that  none  of  the  services  that  are  freely 
exercised  or  enjoyed  by  the  public  may  be  made  compulsory. 

ART.  49.  Proper  authorization  may  also  be  granted  to  a  private 
company  for  executing  the  works  of  a  port  in  charge  of  the  State  or 
for  completing  those  which  are  constructed  or  suspended,  or  carrying 
out  one  part  of  the  plan  while  the  State  executes  the  other,  in  which 
case  special  conditions  may  be  established  in  compensation  of  the 
expenses  thereof  and  for  the  benefit  of  the  company  in  the  shape  of 
the  cession  of  the  land  where  the  works  are  carried  on,  for  a  limited 
time,  or  other  privileges,  according  to  the  available  portion  of  the 
work,  the  cost  of  those  that  may  be  executed  and  the  nature  or  imjJbr- 
tance  of  the  public  services  existing  in  the  port,  provided  prior  rights 
to  the  use  of  the  port  and  its  works  are  reserved  in  full  force,  as 
stated  in  the  preceding  article. 

ART.  50.  In  case  works  declared  of  public  utility  are  to  be  executed 
in  a  port  by  the  State,  the  deputations,  or  municipal  councils,  and  in 
order  to  carry  them  out  it  should  become  necessary  to  utilize  or  destroy 
those  constructed  by  private  persons  by  virtue  of  concessions  granted 
them,  the  concessionaries  shall  have  a  right  to  be  indemnified  only  for 
the  value  of  the  material  employed  in  said  works,  after  an  appraise- 
ment by  experts  made  in  conformity  with  the  general  regulations  for 
the  execution  of  this  law. 

ART.  51.  The  colonial  department  shall  grant  authorization  for 
draining,  cultivating,  or  otherwise  improving  salt  marshes  belonging 
to  the  State,  or  of  public  ownership,  and  such  as  do  not  belong  to 
town  commons  or  other  property  devoted  to  general  use. 

In  order  to  request  of  the  colonial  department  a  declaration  of  lands 
pertaining  to  town  commons,  or  devoted  to  general  use,  a  period  of 
one  year  is  allowed  from  the  date  of  the  publication  of  this  law.  If 
the  towns  fail  to  obtain  a  favorable  decision  or  the  term  expires 
without  an  application  having  been  made  for  such  declaration,  said 
salt  marshes  shall  be  considered  as  waste  lands;  this,  ho.wever,  not 
to  interfere  in  any  case  with  the  free  public  use  of  their  natural 
products. 

Salt  marshes  of  private  ownership  may  be  drained  by  their  owners 
with  the  consent  of  the  governor,  who  shall  give  it  after  hearing  the 
naval  authority  and  the  chief  engineer  of  the  province,  provided  navi- 
gation and  fishing  are  not  injured  thereby. 

For  the  draining  and  improvement  of  salt  marshes  that  ma}T  be 
declared  unhealthy,  the  provisions  contained  in  the  water  law  regard- 
ing marsh  lands  shall  be  observed. 

ART.  52.  The  concessions  referred  to  in  the  foregoing  articles  shall 
be  subject  to  the  formalities  mentioned  in  the  general  regulations  for 
the  execution  of  this  law. 


14  LAW    OF    PORTS    FOR   THE    ISLAND    OF    CUBA. 

ART.  53.  Authorization  for  the  survey  or  for  drawing  the  plans  of 
the  works  included  in  articles  44  and  45,  and  those  mentioned  in  arti- 
cles 47  and  51,  shall  be  granted  by  the  Governor-General  of  the  island 
after  receiving  the  report  of  the  general  inspector  of  public  works  of 
the  same. 

Those  comprised  in  article  46  shall  be  granted  by  the  naval  com- 
mander of  the  maritime,  province  to  which  they  belong. 

ART.  54.  The  concessions  of  works  and  public  lands  mentioned  in 
articles  44,  45,  47,  and  48  shall  be  granted  by  the  colonial  department 
without  any  public  bid  or  limited  term,  subject  to  the  provisions  of 
article  50.  Should  there  be  more  than  one  application  for  the  same  or 
similar  work,  or  the  plans  presented  prove  incompatible  owing  to 
their  occupying  a  portion  of  public  property  used  in  common  on  the 
beaches,  shores,  or  ports,  where  they  may  be  established,  those  plans 
shall  be  preferred  which  offer  the  greatest  advantages,  and  if  they 
be  equal,  the  one  first  presented. 

ART.  55.  Concessions  of  salt  marshes  shall  be  granted  without 
public  bids  and  in  perpetuity,  except  in  case  some  private  party  or 
compan}T  should  demand  an  award  by  bids,  presenting  to  that  effect 
a  proposition  in  which  a  standard  of  valuation  is  fixed  and  offered, 
guaranteed  by  a  temporary  deposit  equal  to  said  standard,  which  shall 
serve  as  a  basis  for  the  bid.  If  the  person  obtaining  the  award 
should  not  be  the  author  of  the  plan  approved  for  the  drainage  works, 
he  shall  have  to  pay  the  cost  of  said  plan  to  the  author,  appraised  in 
accordance  with  the  provisions  governing  such  cases  in  bids  for  public 
works,  or  in  the  manner  prescribed  by  the  regulations. 

ART.  56.  Concessions  of  works  in  the  cases  referred  to  in  article  49 
shall  be  granted  through  bids  and  for  a  limited  period.  The  bids  shall 
be  made  upon  any  one  of  these  three  bases,  namely: 

The  appraisal  of  the  existing  works  and  of  the  constructions  and 
lands  to  be  utilized;  the  reduction  of  the  tariff  rates  charged  for  the 
use  of  the  works;  the  period  of  time  during  which  the  company  is  to 
enjoy  the  benefits  of  the  works. 

The  colonial  department  shall  fix  the  basis,  standard,  and  conditions 
for  the  bid,  taking  into  consideration  the  plans  and  proposals  that 
may  have  been  presented  requesting  the  concession. 

ART.  57.  In  concessions  of  works  in  ports,  whereby  lands  are 
reclaimed  from  the  sea,  there  shall  always  be  excepted,  out  of  the 
lands  recognized  as  the  property  of  the  concessioner,  that  portion 
which  may  be  necessary  for  the  service  zone  referred  to  in  article  31, 
which  shall  remain  the  property  of  the  State. 

ART.  58.  In  every  concession  of  public  or  private  works  there  shall 
be  fixed: 

First.  The  period  for  which  the  concession  is  granted. 


LAW  OF  PORTS  FOR  THE  ISLAND  OF  CUBA.         15 

Second.  The  terms  within  which  the  works  are  to  be  begun  and 
concluded. 

Third.  The  proportional  part  of  the  estimate  which  has  to  be  spent 
in  ouch  of  the  periods  that  it  may  be  thought  advisable  to  fix  in  order 
to  carry  out  the  concession  within  the  full  term  allowed  for  the  termi- 
nation of  the  works. 

Fourth.  The  conditions  for  the  establishment  and  use  of  the  Avork 
as  may  bo  necessary  in  order  not  to  injure  acquired  rights  and  general 
interests. 

Fifth.  The  bond  required  of  the  concessioner  in  the  case  of  a  pub- 
lic work,  to  guarantee  the  execution  thereof:  and. 

Sixth.  The  case  where  the  concession  may  be  declared  forfeited, 
as  well  as  the  consequences  thereof. 

ART.  51  ».  When  a  declaration  of  public  utility  is  requested  by  pri- 
vate persons  in  behalf  of  any  work,  the  procedure  prescribed  by  the 
general  law  of  public  works  for  said  declaration  shall  be  observed. 

ART.  60.  He  who  shall  have  enjoyed  during  twenty  years  the 
usufruct  of  some  maritime  industry  established  on  public  property 
without  opposition  on  the  part  of  the  authority  or  of  a  third  party. 
shall  continue  to  enjoy  the  same,  even  though  he  fail  to  show  that  he 
had  obtained  proper  authority  therefor;  this  right  shall  be  under- 
stood as  in  force  so  long  as  the  class  of  industry  or  the  application  of 
the  space  occupied  have  undergone  no  changes  or  alterations  during 
the  aforesaid  twenty  years:  and  otherwise  it  shall  be  declared  forfeited 
unless  authorization  be  obtained  as  in  the  case  of  a  new  work,  and  in 
the  manner  prescribed  in  this  law. 

ART.  61.  All  laws,  royal  decrees,  regulations,  royal  orders,  and 
other  provisions  conflicting  with  this  law  are  hereby  repealed. 

ART.  62.  The  governor-general  of  the  island  may  anticipate  the 
concessions  of  the  works  included  in  this  chapter,  and  which,  accord- 
ing to  the  provisions  thereof,  it  is  the  duty  of  the  colonial  department 
to  grant,  without  prejudice  to.  and  reserving  the  definite  decision  which 
may  be  proper  if  the  persons  interested  accept  this  condition,  and 
provided  there  is  no  opposition  or  objection  on  the  part  of  the  cor- 
porations or  officials  interested,  being  obliged  otherwise  to  forward 
to  the  colonial  department  the  respective  proceedings  with  their  report 
for  a  final  decision.  • 

Approved  by  Royal  Decree  of  this  date. 


Madrid.  October  31.  1890. 
of  December  13.) 


o 


Gaylord  Bros. 

Makers 

Syracuse,  N-v 
'ptf.JAH.2U90S 


380475 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


